asked Her Majesty's Government:

Whether, in light of the controls already in place for bonded warehouses where alcohol is stored and in view of the case for discreet operation, it is necessary for such warehouses to be required to obtain premises and personal licences under the Licensing Act 2003; and [HL6502]

Whether they support (a) the exercise of administrative discretion by licensing authorities; and (b) the absence of any requirement for bonded warehouses to obtain premises and personal licences under the Licensing Act 2003; and [HL6504]

Whether they are aware of any differences in the licensing requirements for bonded warehouses as a result of the various interpretations of the Licensing Act 2003 made by licensing authorities. [HL6505]

The holding and management of stocks of alcohol are not themselves licensable activities. Provided the alcohol is not sold to another party, there will be no need for a licence. A licence is not required for sales of alcohol from premises owned or leased by the seller for consumption off the premises, where the sale is made:

to a trader for the purposes of his trade;

to a club, which holds a club premises certificate, for the purposes of that club;

to the holder of a personal licence for the purpose of making sales authorised by a premises licence;

to the holder of a premises licence for the purpose of making sales authorised by that licence; or

to the premises user in relation to a temporary event notice for the purpose of making sales authorised by that notice.

The full range of activities carried out in any individual warehouse should be considered carefully, and legal advice sought if necessary, before any decision is made about the need for an authorisation under the Licensing Act 2003 (the 2003 Act). The 2003 Act devolved the administration of licensing to individual licensing authorities, normally the local authority, and it is not for the Government to seek to direct that they adopt specific interpretations of the law.

In the first instance, it is for individual licensing authorities to interpret the law on the basis of their own legal advice. An appeal mechanism has been built into the 2003 Act to ensure that licensing authority interpretations can be challenged in the courts to ensure that they are reasonable and fair.

asked Her Majesty's Government:

Whether they have assessed to what extent Section 192(1)(b) of the Licensing Act 2003 favours large operators who can supply to the trade from their own warehouses rather than small operators who use a third-party facility.[HL6506]

The Government have not yet made an assessment of the impact of Section 192(1)(b) of the Licensing Act 2003. The Government will continue to monitor and evaluate the impact of the Act throughout its first year of full operation and at the end of that period will assess whether any changes to the primary legislation are necessary and should be proposed to Parliament.

asked Her Majesty's Government:

Whether they will reconsider their advice on the licensing requirements for bonded warehouses in the forthcoming review of the guidance to the Licensing Act 2003, especially when such warehouses are being operated discreetly.[HL6503]

We have made some amendments to the guidance on wholesale trading. These were published in the supplementary guidance which was laid in Parliament on 22 June 2006, and which came into force on the same day. A full review of the guidance is also being conducted, including a formal public consultation. As a result of this process, we expect to lay a revised version of the guidance before Parliament by the end of 2006.

It is important to recognise that guidance cannot amend primary legislation or direct particular interpretations of it.